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People Ex Rel. Lignoul v. Chicago

OPINION FILED SEPTEMBER 20, 1977.

THE PEOPLE EX REL. RICHARD K. LIGNOUL, COMMISSIONER OF BANKS AND TRUST COMPANIES, APPELLEE,

v.

THE CITY OF CHICAGO ET AL., APPELLANTS.



Appeal from the Circuit Court of Cook County, the Hon. Raymond K. Berg, Judge, presiding.

MR. JUSTICE DOOLEY DELIVERED THE OPINION OF THE COURT:

In 1976 the Chicago city council passed what is known as the Chicago Financial Services Ordinance. The People of the State of Illinois, on relation of the commissioner of banks and trust companies, filed this action against the city of Chicago and its city clerk seeking to have the law declared unconstitutional. Two Chicago banks were permitted to intervene as defendants. Summary judgment was entered in the circuit court of Cook County for plaintiff on the basis that the ordinance permitted branch banking and hence was void under article XIII, section 8, of the Illinois Constitution of 1970. Defendants have appealed directly to this court under Rule 302(b) (58 Ill.2d R. 302(b)).

The sole question before us is the constitutionality of this ordinance.

The ordinance permits both State and federally chartered banks to perform banking functions at certain facilities and electronic banking machines in community offices located away from the main office of the bank. The ordinance in part provides:

"b). `Community Office' means any office maintained by a financial institution separate and apart from its main office, at which office such financial institution

1) solicits loans for such financial institution

2) gives information about any aspect of its business

3) answers customers' inquiries concerning any business which such customers have with the financial institution, or

4) furnishes advice to customers concerning any of their business with such financial institution.

c). `Electronic Banking Machine' shall mean any mechanical device not operated by a financial institution employee, such as an automatic teller or point of sale terminal by means of which

1) cash or other items may be placed for deposit in any account at such financial institution

2) transfers of funds may be made from one account at such financial institution to another account at such financial institution

3) cash may be withdrawn from any account at such financial institution

4) the proceeds of loans from such financial institutions may be disbursed

5) bills of such financial institutions or of third parties may be paid by debiting any account at ...


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